GILBERT v. ALBANY MEDICAL CENTER


13 A.D.3d 753 (2004)

787 N.Y.S.2d 153

THOMAS J. GILBERT, Plaintiff, v. ALBANY MEDICAL CENTER et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents. A C & S, INC., Third-Party Defendant-Respondent-Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 9, 2004.


Lahtinen, J.

Prior to being sued in a third-party action, the employer of a worker injured in a fall from a ladder lost track of the ladder. Third-party plaintiffs moved in the ensuing third-party action against that employer for summary judgment on the basis of spoliation of evidence or, alternatively, leave to amend their third-party complaint to add a separate cause of action for spoliation of evidence. Supreme Court denied third-party plaintiffs' motion for summary...

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